OM PRAKASH Vs. STATE OF H P

JUDGEMENT

(1.) Both these petitions are being disposed of by a common judgment as they stand preferred against a common judgment rendered on 20.11.2008 by the learned Additional Sessions Judge, Fast Track Court, Kullu, whereby the latter Court affirmed the judgment of the learned trial Court whereby the accused/petitioners herein stood convicted besides a consequential sentence stood imposed upon them.

(2.) The facts necessary for an adjudication upon the instant criminal revision petitions are that on 12.11.2005 at about 3.00 a.m., ASI Lal Chand along with other police officials was present at Manali bridge in connection with Nakabandi. One motor cycle came towards Manali bazaar from Aleo side. The motor cycle was stopped. The rider of the motor cycle tried to turn back and on suspicion, the said rider alongwith the pillion rider of the motor cycle were apprehended. During the course of personal search of accused Om Prakash, one steel container was recovered from the left pocket of his jacket and on the opening of the same, it was found containing charas in the shape of small balls kept in a polythene wrapper. Recovered charas was weighed and it was found to be 100 grams. One 10 gram weight, currency note of Rs.11050 had also been recovered from the jacket of accused Om Prakash. Charas was recovered from the person of accused OM Prakash and co-accused Mohinder was having knowledge about the possession of charas by co-accused Om Prakash. Rukka was prepared on the spot which was sent to Police Station, Manali through H.C. Mohar Singh. On the basis of which FIR was registered against the accused. Thereafter the Investigating Officer completed all the codal formalities.

(3.) The learned Judicial Magistrate 1st Class, Manali charged accused Om Prakash for his committing an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act") besides charged accused Mohinder for his committing an offence punishable under Section 29 of the Act. In sequel, to the conclusion of the trial to which both accused aforesaid stood subjected to, they stood convicted and sentenced by the learned Judicial Magistrate 1st Class, Manali. Both the petitioners standing aggrieved by the judgment of the learned Judicial Magistrate 1st Class, preferred appeals therefrom before the learned Additional Sessions Judge, Fast Tract Court, Kullu, whereupon the latter Court rendered a judgment in affirmation to the judgment of conviction and sentence imposed upon the accused/petitioners by the learned trial Court.